Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Abolition of Forced Labour Convention, 1957 (No. 105) - Sudan (Ratification: 1970)

1. The Committee notes the Government's summary report and the copy of Chap. XIII of the Regulations, adopted in December 1997, concerning the organization of work in prisons and the treatment of prisoners. The Committee invites the Government to take measures in order to bring its legislation into conformity with the Convention in the matters referred to below and to indicate any developments in its next report. It also asks the Government to provide the text of the new Constitution.

2. Article 1(a) and (d) of the Convention. In its previous observations, the Committee had noted that the state of emergency was still in force in the country and that in virtue of the 1989 regulations adopted in this respect, persons convicted of offences against these regulations were subject, in certain cases, to imprisonment. The Committee also had noted that under the Constitution then in force, political parties were prohibited. The Committee notes from information provided by the Government under Convention No. 29 that recent political and constitutional developments have taken place. The Committee recalls that the Convention prohibits the use of forced or compulsory labour as a means of political coercion or education or as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee had also noted that under the Industrial Relations Act of 1976, participation in strikes is punishable with imprisonment whenever the Ministry of Labour has decided to submit a dispute to compulsory arbitration, which results in binding awards. This situation seems to make it impossible for workers to resort legally to strike action. The Committee notes that, under section 38(6) of Chap. XIII of the Regulations of 1997 concerning the organization of work in prisons and the treatment of prisoners, any person convicted for more than six months has to execute work as listed in section 39. The Committee recalls that the Convention contains a general prohibition of the use of any form of forced or compulsory labour as a punishment for having participated in strikes.

3. Article 1(b). The Committee asked the Government to supply information on any statutory or administrative provisions applicable to compulsory service as provided for in the triennial Economic Salvation Programme. The Committee is aware that the country is still facing many difficulties. It asks the Government to indicate in its next report whether any new economic programme including compulsory service is currently applied and to give detailed information on any practical application of such service.